Negotiating with Kidnappers

Exploring the Talmudic thought process involved in releasing terrorists in exchange for the freedom of the three abducted Israeli soldiers.

Judaism is comprised of a complete and specific system of practical Torah, and through the Talmudic process, sweeping Divine principles are translated into practical application. One must descend from the clouds of theological inspiration, roll up one's sleeves and tediously weigh the bits and pieces until one has ascertained that he is meticulously fulfilling God's will in the most practical of circumstances.

Let us take a most relevant of cases: the three abducted Israeli soldiers and the demands of their kidnappers for the freeing of thousands of terrorists in order to release them.

Before we proceed further, a few caveats. The author of this article is no way a competent enough authority to rule on so weighty an issue; the length of this article is barely enough to scratch the surface. The real circumstances are known only to the government authorities.

But still this case will provide a fascinating insight into the some of the complexities in Jewish law that a rabbi must consider, and how misleading it is to translate a position into a simple, popular slogan.

The following would be a Talmudic thought process:

1. "Freeing captives is the greatest form of charity and it supersedes all other causes" (Shulchan Aruch, Yoreh Deah 252, 1). "Anyone delaying this mitzvah is considered as guilty of blood-spilling" (ibid.).

This would seem to urge us to do whatever it takes in order to free a prisoner.

2. The Talmudic sages, however, seeing a terrible consequence of this great mitzvah, enacted the following decree:

"One does not free captives for more than their value (i.e. one would evaluate them as indentured servant -- their potential earning power."

The reason was twofold: (a) Captors demanded ransom that would devastate the community, causing widespread suffering, and (b) great ransom whetted the appetite of kidnappers and encouraged more and more kidnappings.

This would seem to imply that if the demands are outrageous, then one ought not to exchange them.

3. What if the captivity will conclude in the killing of the captive -- do we still refrain from ransoming him at an exorbitant price?

Torah authorities have debated this point and many are of the opinion that if the captive's life is in danger, then the above injunction does not apply.

It would seem that we ought to do whatever it takes to free them, for there is definitely an almost certainty of their being killed.

4. The above principles make sense when we are giving up money in order to save a life; but in the case Israel is presently grappling with, we are giving up murderers who potentially endanger other people's lives. Looking at the whole picture, can it be stated that we are in effect saving lives by agreeing to terrorist demands?

5. Yet another point must be considered. Is the killing of the captives, God forbid, a certainty if they are not released? And is the damage done by the release of terrorists to be viewed as a likelihood, not a certainty?

6. One more issue. This injunction applies to the community as a whole. What about the individual himself? If he can negotiate his own release, may he do so at an exorbitant price? What about his immediate family?

The list of issues and sources go on further and further.

Some of these issues had an extraordinary public application about 700 years ago. The leader of Ashkenazic Jewry at the time was Rabbi Meir ben Boruch of Rottenberg. He was imprisoned by a German ruler, Rudolph, whose voracity knew no bounds. Rabbi Meir (known as Maharam Mi'Rottenberg) was imprisoned until his death, and his body was not released. The community did not ransom him, as he himself had ruled. Seven years after his death, a private member of the community paid almost all of his own money to release the body, with the stipulation that he be buried next to him.

It is important to bear in mind when we see the devastated parents of the captives on one hand, and the look on the face of those who lost kin at the hands of terrorists on the other hand, that decisions about life and death should never ever be decided by raw emotions. Torah values, principles and laws must be weighed by the responsible minds of Torah authorities, and only then can we feel that we have done that which is right, price notwithstanding.

The opinions expressed in the comment section are the personal views of the commenters. Comments are moderated, so please keep it civil.

Visitor Comments: 11

(11)
Yankel Moishe,
October 25, 2011 11:52 AM

Rothenburg, not "Rottenberg"

I am aware this mistake is unfortunately quite widespread in frum circles, but the Maharam was not from "Rottenberg", but from "Rothenburg (ob der Tauber)". These are two different towns in Germany, the first ~50km east of Frankfurt am Main, the second ~150 km to the south east. There is also a "Rottenburg (am Neckar)", ~200 km south of Frankfurt.

(10)
Esther K.,
October 12, 2011 8:29 AM

It's complicated

Everyone knows pidyon shvuyim is a tremendous mitzvah, however this exchange is quite the complicated one. It reminds me of this past winter when there was a huge blizzard and as a result weddings were being canceled. My aunt went according to Rabbanim and kept the wedding on its scheduled date. However she stated after the wedding that she was not able to enjoy her own sons wedding not even for one minute, knowing that someones life can possibly be at stake due to traveling in for her wedding. I think the parable is pretty clear.

(9)
glennahill,
October 11, 2006 10:31 AM

Where is the proof of kidnapped soldiers being alive?

Why have the Hitlers not excepted Israel's offer of returned murders for kidnapped soldiers?Why is the Red Cross refused to see kidnapped soldiers,to let Israel know they are still alive?Something is wrong with this picture.I hope Israel and the supporters of Israel,worst fears do not come to pass.We want to see the soldiers walk across the line,not carried.Pray for the IDF and the kidnapped soldiers of Israel."Pray for the Peace of Jerusalem,they shall prosper that love thee."

(8)
Anonymous,
September 24, 2006 10:37 AM

the swap

I think if Israel decides to release ONE of its prisoners for a captured soldier it should be a civilian imprisoned for a non-violent, or relatively non-violent, crime in which no loss of life occurred. That is the only fair exchange there can be. The reality is most of those in Israeli prisons are terrorists and would only spill more Israeli blood if released.

I continue to pray for the release and well-being of all three IDF soldiers--Gilad, Ehud, and Eldad.

(7)
Joe,
September 11, 2006 9:50 AM

G-d help me but I don't see how we can do it.

I pray for these men. I pray for their release. G-d help me though, if we trade, the enemy wins and will be encouraged to more outrages. I don't see how we can do it.

(6)
RobvanDijk,Amsterdam,TheNetherlands,
September 11, 2006 1:31 AM

Naively enough, I just wished the people of Israel just wouldn't have to deal with such circumstances at all ...I'll pray for Gilad, Ehud and Eldad!

(5)
websterMarlowe,
September 10, 2006 1:39 PM

Don't negotiate

Islamists will not return the prisoners alive. Every terrorist released will mean thousands will die.

(4)
Carmela,
September 10, 2006 10:53 AM

red cross petition-'prisoner of war' rights

what do you think of the petition to the red cross?http:// www.petitiononline.com/habanim3My reply to the sender was the following:Upgrading these horrific kidnappings from the act of terror that they are to "acts of war" might backfire at us.Yes we do want these boys to get all the rights but they are not "prisoners of war".Calling them "prisoners of war" might just help justify other terrorist groups if the international arena will see it as legitamate war practice. (Not to mention the 8 other soldiers that were murdered in that same event of the kidnapping up North, which the world, including our own press has conveniently forgotten)And the kidnapping / murder of the 18 year old settler just days before this kidnapping. And the attempted kidnapping of the 2 girls at about the same time....I realise you are only passing on the email, but it might be helping terrorists legitimise their acts

(3)
Hilda,
September 10, 2006 10:46 AM

hostages

Since Isrel went to war to free all of these soldiers and so many soldiers have given their lives as well as civilians and millions of dollars of devastation has resulted and still they are not free, how can Olmert now abandon them or pay further in Jewish blood? If he knew he knew he was going to free thousands of terroists in exchange for the soldiers lives then by what moral right did he have to do so much damage first?

(2)
richardreiser,
September 10, 2006 9:33 AM

what about the price to be paid by the kidnappers?

there are consequences to every action. while your article leans toward the thought processes of talmudic thinkers concerning the victims, part of the discussion should involve assessing the risks of the kiddnappers and those who sanction them. the talmudic arguments for the victims side can go on forever. as long as there are no consequences for the kidnappers, we will forever be involved in this discussion.

(1)
IrwinRuff,
September 10, 2006 8:04 AM

And if they are dead?

Unfortunately, we have no assurance that the soldiers are even alive. In the past Hezbollah has assured the Israelis that hostages were alive, when they had been killed immediately after they had been captured. The fact that even the Red Cross have not been permitted to see the current hostages indicates that they may not be alive. What is the halachah in the case of redeeming bodies?

I want to know about the concept of "sin" due to Adam and Eve eating from the Tree of Knowledge. The Christian concept of sin revolves around the fall of the man and the "original sin." Does Judaism view it the same way?

The Aish Rabbi Replies:

Adam and Eve were punished according to their actions. In other words, God laid down the conditions for Adam and Eve to live in the garden, provided they would not eat from the Tree of Knowledge. However, if they were to eat from that tree they would be punished by experiencing death. (If they had not eaten from the tree, they would have remained immortal.)

This sets down the basic principle in Judaism of Reward and Punishment. Basic to this is that every person has the choice of doing good or bad. When a person chooses "good" – as defined by God – he is able to draw close to God. In other words, every individual has a chance to "gain salvation" through his own actions.

My understanding of Christianity, however, is that the Original Sin has infected all of mankind to the point where individuals are incapable of achieving salvation through their own initiative. Man is "totally depraved" and therefore his only hope of salvation is through the cross.

This belief is contrary to the teachings of Judaism. From the Torah perspective, an individual does not need to rely on anyone else to atone for them. In Judaism, sins can be "erased" altogether by sincere repentance and a firm resolution never to repeat the mistakes.

For more on this, read "Their Hollow Inheritances" by Michael Drazin – www.drazin.com

Yahrtzeit of Moses in 1273 BCE (Jewish year 2488), on the same day of his birth 120 years earlier. (Consequently, "May you live to 120" has become a common Jewish blessing.) Moses was born in Egypt at a time when Pharaoh had decreed that all Jewish baby boys be drowned in the Nile River. His mother set him afloat in a reed basket, where he was -- most ironically -- discovered by Pharaoh's daughter and brought to Pharaoh's palace to be raised. When Moses matured, his heart turned to aid the Jewish people; he killed an Egyptian who was beating a Jew, and he fled to Midian where he married and had two sons. God spoke to Moses at the Burning Bush, instructing him to return to Egypt and persuade Pharaoh to "let My people go." Moses led the Jews through the ten plagues, the Exodus, and the splitting of the Red Sea. Seven weeks later, the Jews arrived at Mount Sinai and received the Torah, the only time in human history that an entire nation experienced Divine revelation. Over the next 40 years, Moses led the Jews through wanderings in the desert, and supervised construction of the Tabernacle. Moses died before being allowed to enter the promised Land of Israel. He is regarded as the greatest prophet of all time.

Lack of gratitude is at the root of discontent. In order to be consistently serene, we must master the attribute of being grateful to the Creator for all His gifts. As the Torah (Deuteronomy 26:11) states, "Rejoice with all the good the Almighty has given you." This does not negate our wanting more. But it does mean that we have a constant feeling of gratitude since as long as we are alive, we always have a list of things for which to be grateful.

[Just before Moses' death] God said to him, "This is the Land that I promised to Abraham, to Isaac, and to Jacob" (Deuteronomy 34:4).

The Midrash says that Moses pleaded to live long enough to be able to enter the Promised Land. He surrendered his soul only after God instructed him to enter Heaven and inform the Patriarchs that the Israelites had come to their Land and that God had indeed fulfilled His promise to give the Land of Israel to their descendants. To fulfill God's will was dearer to Moses than his craving to enter the Land.

It is only natural to cling to life, and the thought of leaving this world is depressing. However, if a person develops the attitude that he lives only in order to fulfill God's will, then life and death are no longer polar opposites, because he lives to do the will of God, and when that will requires that he leave this world, he will be equally obedient.

The seventh day of Adar is the anniversary of Moses' death. He wanted to enter the Promised Land so that he could fulfill the commandments and thereby have a new opportunity to fulfill the Divine wish. He surrendered his soul willingly when he was told that there was a special commandment for him to perform, one that could only be achieved after leaving this earth.

We refer to Moses as Rabbeinu, our teacher. He not only taught us didactically, but by means of everything he did in his life - and by his death, as well.

Today I shall...

try to dedicate my life to fulfilling the will of God, so that even when that will contradicts my personal desires, I can accept it with serenity.

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